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(영문) 광주지방법원 2020.05.12 2019가단507792
대여금
Text

1. The plaintiff's primary claim and the conjunctive claim are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. A. A limited liability company C (hereinafter “C”) operated by the Plaintiff borrowed KRW 200 million from D Co., Ltd. (hereinafter “E”) (hereinafter “E”) around June 2012.

B. At the time of the above loan, C had a claim of KRW 200 million against G (hereinafter “G”) operated by the F, but in order to secure the above E’s claim, the Defendant and F prepared, on June 20, 2012, a loaner, F and G, joint and several sureties, the Defendant, the principal amount of which was KRW 200 million, and the due date for payment as of July 16, 2012.

(hereinafter referred to as “Defendant, F, and G by combining them”). C.

However, the defendant et al. did not pay KRW 200 million by the due date on the above loan certificate, and D resist to the plaintiff, and the plaintiff resisted D to D on July 26, 2012, the amount of KRW 140 million, and the same year.

9. November 4, 200,000 won, including KRW 20 million on January 14, 2013, and KRW 200 million on January 14, 2013. The payment made on July 26, 2012 and January 14, 2013 through the account transfer from C to E account, and the payment made on September 11, 2012 respectively in cash.

On the other hand, on September 11, 2012, F paid KRW 50 million to the Plaintiff. On November 1, 201, 2013 between the Plaintiff, F, and G, the obligee as Plaintiff, debtor, and joint and several sureties, and the obligor as “the obligor shall pay KRW 150 million borrowed from the obligee as of June 20, 2012, until October 31, 2014, an authentic deed of a monetary loan agreement was prepared to the effect that “the rate of delay damages shall be 20% per annum.”

E. On July 28, 2017, the Plaintiff filed a lawsuit against F and G for a loan claim based on the agreement on the said notarial deed with this court’s 2016da45057, and on November 28, 2017, “F and G jointly pay jointly and severally to the Plaintiff the amount of KRW 150,000,000 and interest calculated at the rate of 20% per annum from November 1, 2014 to the date of full payment” was sentenced to the judgment in favor of the Plaintiff, and became final and conclusive thereafter.

F. Meanwhile, the Plaintiff was between D and June 28, 2019, after the instant lawsuit was filed.

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